Employment Standards

Paid Public Holidays and Vacation/Vacation Pay 1. What are the paid public holidays in New Brunswick? 4. What happens if the holiday falls on a non-working day or during As of January 1st, 2018, there are eight paid public an employee’s vacation? holidays in New Brunswick, which are: When the holiday falls on a non-working day or during an • New Year’s Day • New Brunswick Day employee’s vacation, the employee who qualifies must receive • Family Day • Labour Day another working day off with pay in lieu of the holiday, or if the employee agrees, a regular day’s pay for that day. (3rd Monday in February) • Remembrance Day • Good Friday • Christmas Day 5. When the employee’s wages vary from day to day how does an • Canada Day employer calculate a regular day’s pay? 2. How does an employee qualify for a paid public holiday? The employee shall be paid based on an average day’s pay. To qualify, an employee must: This calculation takes into account all hours worked (excluding overtime) in the 30 days immediately before the • be employed by the employer for at least 90 calendar holiday. days (not only work days) during the 12 months before the public holiday; For example, for the July 1st holiday where an employee has • have worked his scheduled regular day of work before worked a total of 20 days between June 1st and June 30th for a and after the holiday (this is not necessarily the day total of 135 hours the employee is entitled to 6.75 hours (135 immediately before or after the holiday), unless there hours divided by 20 days) times the employee’s regular rate of is a good reason for not doing so (most reasons related pay. to illness are considered acceptable); 6. Does the employer have another option than that of paying the • If he has agreed to work on the public holiday report employee a regular day’s pay when he qualifies for a paid public for work and work his scheduled shift unless there is a good reason for not doing so; holiday? • not be employed under an arrangement where he can Yes. Instead of paying the employee a regular day’s pay for decide when to work or not to work; and the public holiday, the employer has the option of paying the employee an additional four percent (as of January 1st, 2018) • not be employed in specific occupations exempted by of all of the employee’s gross wages. regulation. In addition to paying the 4% of the employee’s wages, when 3. What must employers pay their employees for a paid the employee works on a paid public holiday, the employer public holiday? must also pay him one and one-half times his regular rate of All employees are entitled to receive one and one-half pay for the hours worked on each holiday. time their regular wage rate for each hour worked on a paid public holiday. 7. Can an employer and an employee make an agreement whereby another working day off is provided to the employee in lieu of a An employee who qualifies and works on the public holiday paid public holiday? must receive his regular day’s pay plus one and one-half times his regular wage rate for the hours worked on that day. Yes, an employer and an employee can make such an agreement. However, the substituted day must be taken by An employee who qualifies and does not work on the public the employee no later than the employee’s next vacation holiday must receive his regular day’s pay for that day. period. The employer should record that substituted day in the payroll records as the public holiday. Employee Does not work Works Qualifies Regular day’s pay Regular day’s pay Where the business is considered to be a “continuous + operation”, such as a hotel, a tourist resort, tavern or a restaurant, the employer may substitute the paid public 1.5 times regular wages holiday without the agreement of the employee on his first for hours worked working day immediately after his next vacation or with the Does not qualify No wages 1.5 times regular wages agreement of the employee on another working day and pay for hours worked the employee his regular wages for that day. TOLL FREE INFORMATION 1 888 452-2687 www.gnb.ca/labour

8. Do all employees qualify to receive pay for a public holiday? 3. What amount is the employee entitled to for vacation pay? No. Employees in certain occupations (e.g. professionals, An employee who has less than eight years of house and car salesmen) do not qualify to receive pay employment with the employer is entitled to receive a for a public holiday. For more information regarding the vacation pay equal to four percent of his gross wages list of occupations, please contact the Employment (before deductions). Standards Branch. An employee who has eight or more years of 9. Where an employee has an arrangement with an employer employment with the employer is entitled to receive a whereby the employee has the right to determine when he vacation pay equal to six percent of his gross wages (before deductions). works, is the employee eligible to receive pay for a public holiday? In both cases, the employee must receive all his accumulated vacation pay at least one day before his No. This “elect to work” arrangement may be formal or vacation begins. informal. In either case the employee must have complete discretion as to whether he will work when Period of Vacation time Vacation pay requested to do so. If the employee’s failure to work employment (whichever is when requested may result in a loss of employment, loss less) of future referral for work or any other form of disciplinary or discriminating action, the arrangement Less than 8 years 1 day for each month 4% of gross wages may not be considered an elect to work arrangement. worked, or 2 weeks of vacation per Vacation and Vacation Pay vacation year 1. Are employees entitled to an annual vacation? 8 years or more 1.25 day for each month 6% of gross wages Yes. Employers are required to give all their employees worked, or an annual vacation leave with vacation pay dependent 3 weeks of vacation per on each individual employee’s years of service. vacation year 2. How much vacation are employees entitled to receive? An employee who has less than eight years of 4. When can an employee take vacation? employment with the employer is entitled to a vacation An employee is entitled to take vacation after leave of the lesser of the following two options: completing one year of service with the same employer. • at least one day for each month worked, or The employer must give the employee his vacation no • at least two weeks of vacation per vacation year. later than four months after earning the vacation time. An employee who has more than eight years of Employers and their employees can agree on when employment with the employer is entitled to a vacation vacation should be taken. If an agreement cannot be leave for the lesser of the following two options: reached, the employer can decide when the employee’s vacation will begin as long as he provides the employee • at least one and one-quarter day for each month at least one week notice prior to the vacation start date. worked, or • at least three weeks of vacation per vacation year. 5. What happens where an employee is terminated or quits before taking vacation time? An employee who is terminated or quits before taking vacation time is entitled to receive all outstanding vacation pay when the employment ceases. Payment must be made when the employee receives his final pay cheque.

Employers and employees may enter into an agreement for greater benefits than provided for in the Employment Standards Act. Such agreements shall be respected and enforced by the Employment Standards Branch. This is a guide only. For interpretation and application purposes, please refer to the Employment Standards Act, its regulations and amendments.

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